[WSBAPT] Non-Intervention Powers for Intestate Administration

[Laura Latta]

Thank you for your feedback, Mark. I have typically proceeded as you
suggest for the appointment of a PR named in a Will. My understanding is
that obtaining non-intervention powers as an Administrator of an intestate
estate requires more assertions to the court about the assets
and liabilities. Thus, I have typically included as much information as we
have, at that point, in the petition. Have you had success using the
reasonable belief approach in an intestacy situation?

On Thu, Oct 7, 2021 at 1:41 PM Mark Vohr <mcv at ohanafc.com> wrote:

> The reality is that in many cases access to financial information is often
> scant before appointment and we don’t know all the assets or what will
> shake out during the creditor claim process.  What I think the petitioner
> needs to be able to do is rely on reasonable knowledge when they sign the
> petition and indicate that the knowledge is based on petitioners current
> understanding of the assets and liabilities.
>
>
>
> 11.68 RCW anticipates that after appointment a PR might find an estate to
> be insolvent.  See RCW 11.68.080.
>
>
>
> Regards,
>
>
>
> Mark
>
>
>
> Ohana Fiduciary Corp.
>
>
>
> A Washington Trust Company
>
> Mark C. Vohr, J.D., CPG, Principal
>
> 155 NE 100th St., Suite 209 Seattle, WA  98125
>
> T:  (206) 782-1189 F:  (206) 782-1434
>
> mcv at ohanafc.com      www.ohanafc.com
>
>
>
>
>
> CONFIDENTIAL AND/OR PRIVILEGED COMMUNICATION
>
>
>
> This communication may contain information that is confidential.  It was
> intended only for the named or a specific recipient.  If you have received
> this communication in error.  Please delete it immediately and contact the
> sender to advise them of improper delivery.
>
>
>
> This communication is not intended to provide legal advice to the
> recipient.  The sender does not represent you as legal counsel and neither
> this communication or any conversations you may have with the sender
> creates an attorney client relationship with the sender.  If you seek legal
> advice please retain an attorney, but it will be someone else.
>
>
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Laura Latta
> *Sent:* Thursday, October 7, 2021 1:21 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Non-Intervention Powers for Intestate Administration
>
>
>
> Hello Listmates,
>
>
>
> When I have handled intestate administrations in the past, we were able to
> obtain non-intervention powers because (among other things) we were able to
> provide information to the court showing that the estate was solvent.
>
>
>
> I have an intestacy case where the estate is believed to be solvent, but
> the family doesn't have much concrete information (yet) because the
> decedent's landlord won't grant access to the decedent's home without
> letters of administration.
>
>
>
> Do any of you have:
>
>
>
> a) experience obtaining non-intervention powers in the absence of concrete
> information about the solvency of the estate; and/or
>
>
>
> b) language you are willing to share for use in a petition for an
> intestate administration in lieu of asset information?
>
>
>
> All your thoughts and experience are greatly appreciated.
>
> Warmly,
>
> Laura
>
>
>
> --
>
>
> *Laura Latta Law Office of Laura Latta PLLC*
>
> she/her
>
> Phone (206) 841-2344
>
> www.LauraLatta.com
> <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.LauraLatta.com&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=VcL8fwoTTvd2Ro-_wonmHGUCEIG8Mz-p1YjMyHmLuRU&s=3557IxPe-K4D-VkAKF6BKofgDyvvQR4659nScbJyQc0&e=>
>
> PO Box 82356
>
> Kenmore, WA 98028
>
>
>
> *NOTICE:  This communication may contain privileged or other confidential
> information. If you have received it in error, please advise the sender by
> replying to this email and immediately delete the message and any
> attachments without copying it or disclosing its contents to others.*
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt



-- 


*Laura LattaLaw Office of Laura Latta PLLC*

she/her

Phone (206) 841-2344

www.LauraLatta.com

PO Box 82356

Kenmore, WA 98028



*NOTICE:  This communication may contain privileged or other confidential
information. If you have received it in error, please advise the sender by
replying to this email and immediately delete the message and any
attachments without copying it or disclosing its contents to others.*
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20211007/3c2fbe1b/attachment.html>